Woods v Commonwealth Bank of Australia

[1991] FCA 393

IN THE FEDERAL COURT OF AUSTRALIA )

1

NEW SOUTH WALES DISTRICT REGISTRY ) No. NG 262 of 1991

)

GENERAL DIVISION )

BETWEEN:  MARY JEAN WOODS

Applicant

AND :  COMMONWEALTH BANK OF
AUSTRALIA & ANOR

Respondent

REASONS FOR JUDGMENT

LOCKHART J.

This is a matter which was commenced in the Court by an application filed on 24 May 1991. It appears from the statement of claim that the case arises out of the granting of security in respect of a bakery business at Merimbula in New South Wales. The applicant asserts that certain of the respondents made false

representations to her which sound in damages and give rise, so

Christie on behalf of the applicant, it is in my view a case that	is imminently appropriate to transfer to the District Court of
New South Wales and of course it is desirable if that course is to be taken, that it be done as soon as possible. Accordingly, the Court of its own motion orders that this matter be transfered to the District Court of New South Wales.
Costs incurred thus far by both parties should be costs in the proceeding.

it is asserted, to various forms of relief under the Trade P r a c t i c e s A c t 1974 the F a i r T r a d i n g A c t 1987 (N.S.W.). In part the applicant's case is based on an alleged contravention of S.

52 of the Trade P r a c t i c e s A c t .

It appears from the particulars accompanying the statement
of claim and indeed from the application itself that the damages
claimed are small. Notwithstanding what has been said by M r

I certify that this and the

preceding one (1) page are a true copy of the reasons for judgment herein of the Honourable Mr. Justice Lockhart.

Associate

Dated: 5 July 1991

Solicitors for the Applicant :  A.J. Clark & Filmer

(M. Christie appearing)

Solicitors for the Respondent :	L.E. Taylor (Mr Robinson appearing)
Date of Hearing	5 July 1991
Date of Judgment	5 July 1991